Terms Used In Utah Code > Title 31A > Chapter 22 > Part 17 - Property and Casualty Certificate of Insurance Act

• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
• Bidding process: means the procurement process described in 6. See Utah Code 63G-6a-103
• Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. See Utah Code 63G-6a-103
• Certificate: means evidence of insurance given to:

  (a)	an insured under a group insurance policy; or

  (b)

  a third party. See Utah Code 31A-1-301 Certificate holder: means a person who: (a)  requests, obtains, or possesses a certificate of insurance; and (b)  is not a policyholder. See Utah Code 31A-22-1702 Certificate of insurance: means a document that is prepared for or issued to a person who is not a policyholder as evidence of insurance, regardless of how it is titled or described. See Utah Code 31A-22-1702 Change order: means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract. See Utah Code 63G-6a-103 Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement: (a)  except: (i)  reviewing a solicitation to verify that it is in proper form; and (ii)  causing the publication of a notice of a solicitation; and (b)  including: (i)  preparing any solicitation document; (ii)  appointing an evaluation committee; (iii)  conducting the evaluation process, except the process relating to scores calculated for costs of proposals; (iv)  selecting and recommending the person to be awarded a contract; (v)  negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and (vi)  contract administration. See Utah Code 63G-6a-103 Contract: A legal written agreement that becomes binding when signed. Contract: means an agreement for a procurement. See Utah Code 63G-6a-103 Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Cost-reimbursement contract: means a contract under which a contractor is reimbursed for costs which are allowed and allocated in accordance with the contract terms and the provisions of this chapter, and a fee, if any. See Utah Code 63G-6a-103 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103 Definite quantity contract: means a fixed price contract that provides for a specified amount of supplies over a specified period, with deliveries scheduled according to a specified schedule. See Utah Code 63G-6a-103 Design professional: means : (a)  an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act; (b)  an individual licensed as a professional engineer or professional land surveyor under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or (c)  an individual certified as a commercial interior designer under Title 58, Chapter 86, State Certification of Commercial Interior Designers Act. See Utah Code 63G-6a-103 Design professional services: means : (a)  professional services within the scope of the practice of architecture as defined in Section 58-3a-102; (b)  professional engineering as defined in Section 58-22-102; (c)  master planning and programming services; or (d)  services within the scope of the practice of commercial interior design, as defined in Section 58-86-102. See Utah Code 63G-6a-103 Design-build: means the procurement of design professional services and construction by the use of a single contract. See Utah Code 63G-6a-103 Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103 Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Filed: means that a filing is: (i)  submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii)  received by the department within the time period provided in applicable statute, rule, or filing order; and (iii)  accompanied by the appropriate fee in accordance with: (A)  Section 31A-3-103; or (B)  rule. See Utah Code 31A-1-301 Fixed price contract: means a contract that provides a price, for each procurement item obtained under the contract, that is not subject to adjustment except to the extent that: (a)  the contract provides, under circumstances specified in the contract, for an adjustment in price that is not based on cost to the contractor; or (b)  an adjustment is required by law. See Utah Code 63G-6a-103 Fixed price contract with price adjustment: means a fixed price contract that provides for an upward or downward revision of price, precisely described in the contract, that: (a)  is based on the consumer price index or another commercially acceptable index, source, or formula; and (b)  is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103 Form: means one of the following prepared for general use: (i)  a policy; (ii)  a certificate; (iii)  an application; (iv)  an outline of coverage; or (v)  an endorsement. See Utah Code 31A-1-301 Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103 Hearing: means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both. See Utah Code 63G-6a-1601.5 Indefinite quantity contract: means a fixed price contract that: (a)  is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit; and (b)  (i)  does not require a minimum purchase amount; or (ii)  provides a maximum purchase limit. See Utah Code 63G-6a-103 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Independent procurement unit: means : (a)  (i)  a legislative procurement unit; (ii)  a judicial branch procurement unit; (iii)  an educational procurement unit; (iv)  a local government procurement unit; (v)  a conservation district; (vi)  a local building authority; (vii)  a special district; (viii)  a public corporation; (ix)  a special service district; or (x)  the Utah Communications Authority, established in Section 63H-7a-201; (b)  the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities; (c)  the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General; (d)  the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code; or (e)  any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority. See Utah Code 63G-6a-103 Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 Insurer: means : (a)  an insurer as defined in Section 31A-1-301; and (b)  any other person engaged in the business of making insurance or a surety contract. See Utah Code 31A-22-1702 Issuing procurement unit: means a procurement unit that: (a)  reviews a solicitation to verify that it is in proper form; (b)  causes the notice of a solicitation to be published; and (c)  negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103 Judicial procurement unit: means : (a)  the Utah Supreme Court; (b)  the Utah Court of Appeals; (c)  the Judicial Council; (d)  a state judicial district; or (e)  an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Labor hour contract: is a contract under which: (a)  the supplies and materials are not provided by, or through, the contractor; and (b)  the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit for a specified number of labor hours or days. See Utah Code 63G-6a-103 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legislative procurement unit: means : (a)  the Legislature; (b)  the Senate; (c)  the House of Representatives; (d)  a staff office of the Legislature, the Senate, or the House of Representatives; or (e)  a committee, subcommittee, commission, or other organization: (i)  within the state legislative branch; or (ii)  (A)  that is created by statute to advise or make recommendations to the Legislature; (B)  the membership of which includes legislators; and (C)  for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103 Local government procurement unit: means : (a)  a county, municipality, or project entity, and each office of the county, municipality, or project entity, unless: (i)  the county or municipality adopts a procurement code by ordinance; or (ii)  the project entity adopts a procurement code through the process described in Section 11-13-316; (b)  (i)  a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and (ii)  a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or (c)  a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that: (i)  a term in the ordinance is used in the adopted chapter; or (ii)  a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103 Multiple award contracts: means the award of a contract for an indefinite quantity of a procurement item to more than one person. See Utah Code 63G-6a-103 Multiyear contract: means a contract that extends beyond a one-year period, including a contract that permits renewal of the contract, without competition, beyond the first year of the contract. See Utah Code 63G-6a-103 Municipality: means a city, town, or metro township. See Utah Code 63G-6a-103 Nonadopting local government procurement unit: means : (a)  a county or municipality that has not adopted 16, 17, 18, and 19; and (b)  each office or agency of a county or municipality described in Subsection (50)(a). See Utah Code 63G-6a-103 Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 Policy: includes a service contract issued by: (i)  a motor club under Chapter 11, Motor Clubs; (ii)  a service contract provided under Chapter 6a, Service Contracts; and (iii)  a corporation licensed under: (A)  Chapter 7, Nonprofit Health Service Insurance Corporations; or (B)  Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301 Policyholder: means a person who contracts with a property and casualty insurer for insurance coverage. See Utah Code 31A-22-1702 Preferred bidder: means a bidder that is entitled to receive a reciprocal preference under the requirements of this chapter. See Utah Code 63G-6a-103 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Procure: means to acquire a procurement item through a procurement. See Utah Code 63G-6a-103 Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103 Procurement item: means an item of personal property, a technology, a service, or a construction project. See Utah Code 63G-6a-103 Procurement official: means : (a)  for a procurement unit other than an independent procurement unit, the chief procurement officer; (b)  for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee; (c)  for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule; (d)  for a local government procurement unit: (i)  the legislative body of the local government procurement unit; or (ii)  an individual or body designated by the local government procurement unit; (e)  for a special district, the board of trustees of the special district or the board of trustees' designee; (f)  for a special service district, the governing body of the special service district or the governing body's designee; (g)  for a local building authority, the board of directors of the local building authority or the board of directors' designee; (h)  for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee; (i)  for a public corporation, the board of directors of the public corporation or the board of directors' designee; (j)  for a school district or any school or entity within a school district, the board of the school district or the board's designee; (k)  for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body; (l)  for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education or the president's designee; (m)  for the State Board of Education, the State Board of Education or the State Board of Education's designee; (n)  for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education; (o)  for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or the executive director's designee; or (p)  (i)  for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee; (ii)  for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee; (iii)  for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee; or (iv)  for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee. See Utah Code 63G-6a-103 producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301 Property: includes both real and personal property. See Utah Code 68-3-12.5 Protest appeal record: means :Utah Code 63G-6a-1601.5 Protest officer: means : (a)  for the division or an independent procurement unit: (i)  the procurement official; (ii)  the procurement official's designee who is an employee of the procurement unit; or (iii)  a person designated by rule made by the rulemaking authority; or (b)  for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103 Protestor: means a person who files a protest under this part. See Utah Code 63G-6a-1601.5 Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103 Public transit district: means a public transit district organized under 8. See Utah Code 63G-6a-103 Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103 Request for proposals process: means the procurement process described in 7. See Utah Code 63G-6a-103 Request for statement of qualifications: means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103 Requirements contract: means a contract: (a)  under which a contractor agrees to provide a procurement unit's entire requirements for certain procurement items at prices specified in the contract during the contract period; and (b)  that: (i)  does not require a minimum purchase amount; or (ii)  provides a maximum purchase limit. See Utah Code 63G-6a-103 Responsible: means being capable, in all respects, of: (a)  meeting all the requirements of a solicitation; and (b)  fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. See Utah Code 63G-6a-103 Responsive: means conforming in all material respects to the requirements of a solicitation. See Utah Code 63G-6a-103 Rider: means an endorsement to: (a)  an insurance policy; or (b)  an insurance certificate. See Utah Code 31A-1-301 Road: includes :Utah Code 68-3-12.5 Rule: includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit. See Utah Code 63G-6a-103 Rulemaking authority: means : (a)  for a legislative procurement unit, the Legislative Management Committee; (b)  for a judicial procurement unit, the Judicial Council; (c)  (i)  only to the extent of the procurement authority expressly granted to the procurement unit by statute: (A)  for the facilities division, the facilities division; (B)  for the Office of the Attorney General, the attorney general; (C)  for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation; and (D)  for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity; and (ii)  for each other executive branch procurement unit, the board; (d)  for a local government procurement unit: (i)  the governing body of the local government unit; or (ii)  an individual or body designated by the local government procurement unit; (e)  for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter; (f)  for a state institution of higher education, the Utah Board of Higher Education; (g)  for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education; (h)  for a public transit district, the chief executive of the public transit district; (i)  for a special district other than a public transit district or for a special service district, the board, except to the extent that the board of trustees of the special district or the governing body of the special service district makes its own rules: (i)  with respect to a subject addressed by board rules; or (ii)  that are in addition to board rules; (j)  for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education; (k)  for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees; (l)  for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees; (m)  for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or (n)  for any other procurement unit, the board. See Utah Code 63G-6a-103 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Sole source contract: means a contract resulting from a sole source procurement. See Utah Code 63G-6a-103 Sole source procurement: means a procurement without competition pursuant to a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the procurement item. See Utah Code 63G-6a-103 Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103 Solicitation response: means : (a)  a bid submitted in response to an invitation for bids; (b)  a proposal submitted in response to a request for proposals; or (c)  a statement of qualifications submitted in response to a request for statement of qualifications. See Utah Code 63G-6a-103 Standard procurement process: means : (a)  the bidding process; (b)  the request for proposals process; (c)  the approved vendor list process; (d)  the small purchase process; or (e)  the design professional procurement process. See Utah Code 63G-6a-103 Standing: means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:Utah Code 63G-6a-1601.5 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statement of qualifications: means a written statement submitted to a procurement unit in response to a request for statement of qualifications. See Utah Code 63G-6a-103 Technology: means the same as "information technology" as defined in Section 63A-16-102. See Utah Code 63G-6a-103 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Time and materials contract: means a contract under which the contractor is paid: (a)  the actual cost of direct labor at specified hourly rates; (b)  the actual cost of materials and equipment usage; and (c)  an additional amount, expressly described in the contract, to cover overhead and profit, that is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Writing: includes :Utah Code 68-3-12.5